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Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......has arisen out of judgment and order dated 04-02-2001 passed by this division in Criminal Petition for Leave to Appeal No. 101 of 2000 dismissing the same being not maintainable. 2. The facts, leading to this petition, are that the convicted petitioners filed criminal petition for lea..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ous case respectively) asserting in the written objection amongst others that the transaction was an exchange and not a sale. 4. In the background of the contentions of the respective party question came up fro consideration whether transaction between the pre-emptee appellant and th...... by the Muktipatra since he purchased the land sought to be pre-empted in the benami of the executant of the Muktipatra and that on a request by him, he executed the deed of release. 16. The facts of the aforesaid case was that trial court rejected the prayer of pre-emption. The court of a..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......acquired by the government. These submissions were never made at any stage in disposing of the title Suit No. 176 of 1984. The petitioner is now making out a third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......t no shop of office named M/s. G. M. Corporation was found on search and as such the summons were returned 5. The Court's office in their office note dated 10.1.1996 stated the above facts and placed the matter for orders before the learned Registrar, who allowed 2 weeks time to pu..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......bsp; Md. Fazlul Haque J. - These two appeals being Civil Appeal Nos. 320 and 321 of 2001 are directed against the self-same judgment and order dated 20-5-1998. Since common question of facts and law are involved in both the appeals, these are disposed of by this judgment.......bsp; Md. Fazlul Haque J. - These two appeals being Civil Appeal Nos. 320 and 321 of 2001 are directed against the self-same judgment and order dated 20-5-1998. Since common question of facts and law are involved in both the appeals, these are disposed of by this judgment. 2. T..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ...... "Mr. Rafique-ul-Huq, The learned Advocate appearing for the defendant bank petitioner submits that the plaintiff is not entitled to any decree as claimed by him without first clearing the goods in question or at least without first offering the outstanding dues against the LIM accounts and the Hi......g dues against the LIM accounts and the High Court Division has committed gross illegality in awarding compensation for the said goods and/or the price of the goods." "He next submits that in the facts and circumstances of the case, the High Court Division erred in law in giving decree for Tk...Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......that the said deed is not a false one and that Gobinda Bairagi died leaving a son, Bishweshar Bairagi, who subsequently sold the suit land to the principal defendant No. 1 by the said sale deed in question dated 18.10.1997. The trial Court dismissed the suit. But in appeal the lower appellate Co......, Hurbert James Vs. Golam Hossain Akeema. The High Court Division found that the said decision is not applicable in the present case because the same does not tally either in spirit of facts. Further, the learned Advocate for the appellant submitted that the appellant filed a Cr..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......he probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This C......ation of the appeal to is its file and number upon vacating its earlier order dated 9.11.1999 granting probate. 6. We have hear the learned Counsels of both parties and upon considering the facts and circumstances of the case and the impugned judgment and order of the High Court Division,..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......The High Court division summarily rejected the revisional application. 7. Leave was granted to consider the submissions that liability of the defendant Nos.3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plain, but the High Court Division ......dant Nos.3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plain, but the High Court Division as well as the court below upon a total non consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. ..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......ain learned Deputy Attorney General appearing for the opposite party petitioner (civil Petition No. 326 of 1997) submits that the learned Appellate Tribunal upon a misconception of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have jurisdiction ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......9.08.1980 have been made subsequently by different ink and hand in the place meant for writing the date of execution of the document which is visible with open eyes and this makes the bainapatra in question doubtful and the High Court Division correctly found that the bainapatra is not a genuine......y leave is directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific perf..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... August, 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this sing......iminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this single judgment will Gov..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......try of planning issued the second show cause notice on 28.2.1989. The respondent was dismissed from service on 3.12.1989. Hence the A.T. Case No. III of 1994 was initiated. On consideration of the facts and circumstances of the case the learned member, Administrative Tribunal, Dhaka, held that n..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ...... gandas 2 karas appertains to which particular plots and that are within which particular boundaries. In such situation contortion raising which plaintiffs sought to appeal against the judgment in question and leave was obtained it can not be considered to entitle them to have a decree as regard......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......p; KM Hasan J.- This appeal is by special leave by the purchaser pre- emptee in an application under Section 24 of the Non Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......tober, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......initiating the instant proceeding and regarding the delay in lodging the FIR, the High Court Division also explained the decision reported in 15 BLD (HCD) 205 and held that in the instant case, the question of delay in lodging First Information Report has been duly explained and as such the princ......he petitioner was examined under section 342 of the Code of Criminal procedure wherein he pleaded innocence. On consideration of the evidence on record, the confessional statement and the facts and circumstances, the learned Additional Sessions Judge convicted and sentenced him as afore..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......laintiff late Fatema Khatun was accompanied by the appellant, her second son, who attested her left thumb impression and at that time brother of late Fatema Khatun was also present and as such the question of practicing fraud on late Fatema Khatun by the respondent No.1 did not arise in vie...... 173 that some more factors are also needed to attract section 111 of Evidence Act which are not available in the present case. 10. Regarding contention of the appellant that in view of the facts and circumstances of the present case and specially the fiduciary relationship between l..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....e was re-employed on condition that his service would be guided by Service Rules of BPDB by a subsequent order dated 25.10.1992 (Annexure C), 24 employees out of the aforesaid 26, who were on identical footing with him were accorded re instatement with continuity of seniority in service; on......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
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